By Ryan J. Reilly - NBC News
Three years after a mob of far-right supporters stormed the Capitol in an effort to overturn the results of the 2020 presidential election, the federal government has secured hundreds of convictions on charges ranging from illegal protest to seditious conspiracy.
Now, in a year shaping up to be one of the most important in U.S. politics, prosecutors are preparing for the trial of the main defendant for what happened on Jan. 6: former President Donald Trump.
Trump is scheduled to appear as soon as March in an election interference case led by special counsel Jack Smith; The former president has pleaded not guilty.
The third year of the sprawling investigation into the Jan. 6 attacks — the largest criminal investigation in the Justice Department's history — saw major milestones for federal prosecutors and the FBI as hundreds of cases made it to the justice system, even though hundreds of people involved in the assault remain at large. And there are only two years left to file charges before the statute of limitations expires.
[Supreme Court to decide whether Trump can be removed from the ballot for his role in the storming of the Capitol]
Hanging over all the criminal cases related to the case — more than 1,200 of them — is the possibility that Trump will be re-elected president. The former president has promised to pardon "a large part" of those involved "as soon" if he wins in 2024.
After spreading lies about the 2020 election in the run-up to the Jan. 6 attack, Trump claimed — on the eve of the third anniversary — that the attack was perpetrated by "antifa" and the "FBI." (There is no evidence to support Trump's claims, and many of those involved who far-right figures alleged were antifa or undercover federal agents were arrested and proven to be Trump sympathizers.)
Kelsea Petersen/NBC News
Meanwhile, online detectives or "seditious hunters" who have assisted the FBI in hundreds of cases against those involved in the assault say they will continue to press federal authorities to take action against hundreds of additional people they have identified as participants in the riot and who have not yet faced charges. According to their estimates, shared with NBC News, there are at least 1,000 people involved who have been identified but not arrested.
A citizen investigator who has played a critical role in the effort and spoke to NBC News on condition of anonymity said it was "frustrating" to know the identities of hundreds of those involved, many of whom were caught on tape committing violent attacks on officers, and to be stuck waiting for action from federal authorities.
[Biden to argue Trump remains a threat to democracy in speech marking anniversary of Capitol assault]
"In my mind would be to make sure that I keep Jan. 6 in the public eye, not only by holding those involved accountable, but also by the authorities and the Department of Justice as a whole," he said.
Matthew Graves, one of the top federal prosecutors in Washington, confirmed at a news conference this week that future arrests are on the way.
"Many citizens across the country have reached out to identify individuals connected to the January 6 attacks. As a result of those tips, several have been identified and will soon be prosecuted for violent acts at the Capitol and other violations of federal law," Graves said.
Even with hundreds of cases likely to go to court, 2023 was easily the most successful year in terms of the investigation of the assault on the Capitol. Stewart Rhodes, founder of the far-right group Oath Keepers, one of the first people involved in the attack and convicted of seditious conspiracy, was sentenced to 18 years in prison. One judge called him "a constant threat and a danger to this country."
Former Proud Boys leader Enrique Tarrio — whose lawyers said he was being used as a "scapegoat" for Trump — was also convicted of seditious conspiracy along with three other Proud Boys. Tarrio was sentenced to 22 years in federal prison, the most serious sentence for a defendant in the attack.
[Trump asks appeals court to dismiss lawsuit over Capitol assault]
Meanwhile, threats against the authorities continue. A Texas man fired at officers when he was informed he would face charges in the case. Another was arrested near former President Barack Obama's home after Trump posted the former Democratic president's address on social media.
There will be challenges in the future. The Supreme Court is reviewing one of the charges against more than 300 defendants, including Trump.
In remarks ahead of the anniversary of the attack, Attorney General Merrick Garland said the country "must never forget the horrific violence the officers suffered on Jan. 6," calling the investigation one of the most complex and well-resourced in the Justice Department's history.
"Our work continues," he insisted.